by Lea Bickerton | May 5, 2009 | Case Law Summaries, Fifth Amendment
In the Interest of M.W. 2009 PA Super 85 (5/05/2009)Topic: Self-Incrimination – Cross-ExaminationSummary: Where a defendant takes the stand for limited purposes, s/he must state the limited purpose and invoke the Fifth Amendment right against self-incrimination...
by William Bickerton | May 5, 2009 | Case Law Summaries, DUI
Commonwealth v. Matthew Sibley 2009 PA Super 84 (5/05/2009)Topic: DUI – Blood Alcohol Content (BAC) – Coefficient of VariationSummary: Where the coefficient of variation fails to indicate that the defendant may have been operating a vehicle while below the...
by Lea Bickerton | May 5, 2009 | Case Law Summaries, Parole, Probation, sentencing
Commonwealth v. Mears 2009 PA Super 83 (5/04/2009)Topic: Sentencing Conditions – Random Searches as a Condition of Probation or ParoleSummary: The Superior Court reversed and remanded where the trial court made random residence searches a condition of...
by Lea Bickerton | Apr 20, 2009 | Case Law Summaries, Ineffective Assistance of Counsel
Commonwealth v. Dwayne Brown 2009 PA Super 69 (4/15/2009)Topic: PCRA-Ineffective Assistance of Counsel – Conflict of InterestSummary: Although dual representation does not create an automatic conflict of interest, an attorney who attempts to represent multiple...
by William Bickerton | Apr 11, 2009 | Case Law Summaries, DUI, Search and Seizure, Suppression of Evidence
Commonwealth v. Shawn Fickes 2009 PA Super 64 (4/08/2009)Topic: DUI – Suppression of Evidence – Exigent CircumstancesSummary: An officer may enter a the garage of a private residence when he has probable cause to believe that the driver of a vehicle that...
